Act No. 88 / 2023 Coll.
Act amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws relating to its implementation, as amended, and Act No. 47 / 2020 Coll., amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended, Act No. 183 / 2006 Coll., on zoning and construction (Construction Act), as amended, and other related laws, as amended
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Effective from 01.07.2023
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88
THE LAW
of 8 March 2023
amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended, and Act No. 47 / 2020 Coll., amending Act No. 200 / 1994 Coll., on Geometry and amending and supplementing certain laws related to its implementation, as amended, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Geometry Act
Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Act No. 120 / 2000 Coll., Act No. 186 / 2001 Coll., Act No. 319 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 183 / 2017 Coll., Act No. 47 / 2009 Coll., Act No. 284 / 2021 Coll., amended as follows:
1. in Article 2 (c):
"(c) geodetic foundations of a set of equipment, technical parameters of geodetic reference systems, catalogue data and mathematical relationships and constants, which serve to unequivocally localise spatial information in binding geodetic reference systems, where the equipment includes basic point fields and a national network of permanent stations for accurate positioning,";
2. in Article 2 (k):
"(k) the orthophotome of the Czech Republic geo-referenced seamless orthopaedic imaging of the territory of the Czech Republic arising on the basis of aerial measurement images,"
3. In Article 2, at the end of point (m), the dot is replaced by a comma and the following point (n) is added:
"(n) a permanent location-accurate station of a set of technical equipment that records data continuously from the signals of global navigation satellite systems and allows the provision of such data or any other services and outputs derived from such data to individual users.";
4. Paragraph 3 (1) reads as follows:
"(1) Geographical activities are the measurement, calculation and other related professional activities in the determination of dimensions and spatial relations by methods of surveying carried out normally
(a) for the purpose of building and developing geodetic foundations, the management of the cadastral property, the management of spatial information in territorial-oriented information systems, the creation of cartographic works and documentation of national borders, the boundaries of territorial units and real estate ("real estate"); or
(b) under construction. ';
5. in Article 4 (1) (d):
"(d) the creation and maintenance of database files containing spatial information for State defence purposes,"
6. in Article 4 (1) (i) to (k):
"(i) the construction, renewal and maintenance of a national network of permanent stations for accurate positioning;
j) the creation and renewal of orthopho of the Czech Republic,
(k) surveying activities under construction referred to in § 12 (2), '.
7. In Paragraph 4 (3) of the Introductory Part of the provision, the words "Geographical and cadastral authorities' are replaced by the words" Geographical and cadastral authorities'.
8. in Article 4 (3) (d):
"(d) orthophony of the Czech Republic,"
9. In Article 4, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) data from the basic register of territorial identification, addresses and real estate (" the register of territorial identification ")."
10. Paragraph 4a (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
11. in Article 4a (3), "1: 10 000" is replaced by "1: 5 000."
12. Paragraph 4a (4) and (5), including footnote 15, read:
"(4) The database administrator shall be entitled to require from the public authorities, local authorities and legal entities set up by them, data managed by those authorities and legal entities to maintain the database:
(a) spatial and descriptive information on geographical objects kept in the database;
(b) the results of the agricultural activities used in the public interest;
(c) identifiers of geographical objects maintained in public administration information systems.
(5) The authorities of the State, the authorities of the local authorities and the legal entities set up by them are required to provide the data referred to in paragraph 4 to the database administrator free of charge, unless the restriction resulting from other legislation15 is prevented. If such data cannot be provided, the authorities of the State, the authorities of the local authorities or the legal persons set up by them shall notify the database administrators in writing of the reasons for not providing them.
15) For example, Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act), as amended, Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Eligibility, as amended. '
footnotes 4f and 4g are deleted.
13. in § 4d (1) and in § 4d (3) (a), the word "orthophotomapharp" is replaced by the words "orthophoda of the Czech Republic."
14. in § 4d (2), the words "the Czech Office of Geography and Catastrophe" shall be replaced by the words "the Office."
15.
Provision of results of surveying activities
(1) The Geographical Office publishes the data of the database, orthopho of the Czech Republic, state map work, database file of geographical nomenclature and point fields free of charge as open data16). This does not apply if the data to which access is excluded or limited for reasons of protection of critical infrastructure under the Crisis Act.
(2) Upon request, the Geometry Authority shall provide the data referred to in paragraph 1 and other data from documented results of the geometrical activities, the data bases administered and the operation of the national network of accurate positioning centres in the form laid down in the implementing legislation. The implementing legislation also provides for a remuneration for them.
(3) The geographical authority shall provide the data referred to in paragraph 2 without delay after the applicant has paid the payment for the provision of the data, no later than 20 days after payment of the payment.
(4) The Geographical Office shall reject the application or part thereof if:
(a) the data required do not exist;
(b) the data are required in a form other than that provided for in the implementing act;
(c) the payment for their provision has not been paid; or
(d) data provision is hampered by restrictions resulting from other legislation15).
(5) The implementing act shall set the level of remuneration so that the total income from the provision of data does not exceed the costs of reproduction, disclosure and dissemination.
16) Paragraph 3 (11) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended. '
footnote 5 is deleted.
16. After Article 5, the following Sections 5a and 5b are inserted:
Providing the results of surveying activities by the Ministry of Defence
(1) On request, the Ministry of Defence provides data from documented results of surveying activities and from managed bases of state defence data to state authorities, local authorities, public research institutions and other bodies for the exercise of their responsibilities for the purpose of State defence, security, crisis management, integrated rescue system and risk-management research free of charge.
(2) The Ministry of Defence shall provide the data referred to in paragraph 1 without delay, not later than 20 days after the request, only to the extent necessary to achieve the purpose referred to in paragraph 1.
(3) The Ministry of Defence shall reject the application or part thereof if:
(a) the data required do not exist;
(b) the data are required for a purpose other than that referred to in paragraph 1;
(c) the extent of the data required clearly does not correspond to the extent necessary to achieve the purpose referred to in paragraph 1;
(d) the provision of data is hindered by restrictions arising from other legislation15), an international agreement which is part of the legal order, or by the legitimate interest of the Czech Republic or a third party; or
(e) data are required in a form other than that in which they are documented.
Common provisions for the provision of results of surveying activities
The provision of data under Sections 5 and 5a shall not be subject to the Freedom of Access to Information Act and the right to environmental information law; This information shall not be provided under the Freedom of Information Act and the right to environmental information. ';
17. In Section 6, "Provision of results' is replaced by" Obligations in enforcement '.
18. Paragraph 6 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
19. Paragraph 9 (2) reads:
"(2) The protection zone shall be defined and declared in accordance with the building law to protect the mark of the basic point field as necessary. No action may be taken in the protection zone which could jeopardise the mark or make it more difficult or impossible to use it. ';
footnote 10 is deleted, including the footnote references.
20. the following Section 9a is inserted after Section 9:
(1) The marks of the points of the base point fields and the protection zones of the marks of the base point fields are kept in the register of territorial identification as special purpose territorial elements. The data editor on the mark marks of the base point fields and the protection zones of the mark marks of the base point fields shall be the Geographical Authority.
(2) The marks of the points of the basic point fields are kept in the territorial identification register
(a) the identification details which are the code, the point number and the name of the point;
(b) location data, which are the coordinates of the point in the coordinate system of the single trigonometric network of the cadastral;
(c) details of links to other territorial elements.
(3) The protection zones of the marks of the basic point fields shall be kept in the territorial identification register:
(a) the identification details which are the protection zone code, the point number and the name of the point;
(b) location data, which are boundaries and demarcation point;
(c) details of links to other territorial elements. ';
21.
(1) The results of the surveying activities used for state map works, the management of the cadastral property and for state map works and the creation and maintenance of database files containing spatial information for State defence purposes must be verified by an authorised surveyor, unless otherwise specified.
(2) The results of the surveying activities under construction shall be verified by an authorised surveyor, in the case of a geodetic base for construction, documentation on the marking network, documentation on the layout of the spatial location, size and shape of the construction for construction purposes and on the supervision of compliance with its spatial location and geodetic part of the documentation on the actual execution of the construction.
(3) The results of the surveying activities carried out by the authorities of the surveyor and the register as part of the exercise of their competence shall be verified by those authorities.
(4) Results of surveying activities used for state map works and the creation and maintenance of database files containing spatial information for state defence purposes by the Ministry of Defence established by military equipment or military services (17) as part of the exercise of its responsibilities 18) (hereinafter referred to as the results of surveying activities carried out by military equipment) must be verified by the Ministry of Defence. The definition of further results of the surveying activity carried out by the military equipment not listed in the first sentence, which must be verified by the Ministry of Defence, is the responsibility of the Ministry of Defence.
(5) The cross-border provision of services in the Czech Republic pursuant to paragraphs 1 and 2 is possible only on the basis of authorisation.
17) § 2 paragraphs 2 and 3 of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
18) Articles 3 (1) (l) and 3 (2) of Act No 359 / 1992 Coll., as amended. '
22. In Article 12 (1), the words "the management of a digital technical map 'shall be inserted after the words" the cadastral'.
23. Paragraphs 13 to 15, including the headings and footnotes No 11a, 11b, 11b and 12, shall be deleted.
24.
Verification of results of surveying activities authorised by surveyors
(1) Authorised surveyor shall:
(a) to act in a professional, impartial manner when verifying the results of the agricultural activities and based on the state of the matter which has been established in a reliable manner, at all times to verify the conformity of the procedures of their contractor, the formalities and the accuracy of the results of the agricultural activities verified with the legislation;
(b) to verify the conformity of the contractor's procedures with the conditions agreed in writing with the client in order to verify the results of the surveying activities used in the construction, provided that these conditions do not conflict with the law;
(c) in verifying the results of the geographical activities used for State defence purposes, to verify the conformity of their contractor's procedures with other conditions for the performance of the geographical activities defined in accordance with Article 11 (2);
(d) provide the authority of the surveyor and the cadastre with the necessary synergies in the use of this person's verified results of the surveyor's activities and the supervision of the surveyor's activities (8), the results of which are used for state map works or the management of the cadastral property;
(e) when verifying the results of the geometrical activities, ensure that the generally binding legislation in force, as well as the regulations issued by the Czech Chamber of Geometers,
(f) keep a record of the results which he has verified separately in accordance with Article 16f (1) (a) to (c), indicating the name and, where applicable, the names of the natural person who carried out the surveying activity, the cadastral territory where the surveying activities were carried out, or any other spatial demarcation of the territory in the case of the results referred to in Article 16f (1) (c), the date and serial number of the verification within the calendar year; in the case of records of the results of the surveying activities used for State defence purposes, the identification of the map sheet of the basic State map work may be indicated by a scale of 1: 25 000 covering the area where the surveying activities were carried out,
(g) confirm the practice carried out in the agricultural activities to the person who carried out the practice under his authority.
(2) The verification of the professional correctness of the outcome of the surveying activity shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation." The text shall be accompanied by the handwritten signature of the authorised surveyor, the date of verification of the results of the surveying activities, the number of the records of the verified results and the stamp bearing the State emblem (hereinafter referred to as the "authorisation stamp ') containing:
(a) the name and, where applicable, the names of the authorised surveyor and the designation referred to in Article 16e (2);
(b) the number of the item under which the authorised engineer is kept in the register of authorised surveyors;
(c) the scope of authorisation pursuant to Article 16f (1).
(3) The verification of the professional correctness of the outcome of the geometrical activity in electronic form shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation 'and the number of the records of the results verified. The results of the surveying activity in electronic form and the text and the number according to the sentence of the first authorised surveying engineer shall be signed by qualified electronic signature and stamped by qualified electronic time stamp. The qualified certificate on which the electronic signature of the authorised surveyor is based shall contain the information referred to in paragraph 2 (a) to (c). A qualified certificate on which a qualified electronic time stamp is based shall be valid for at least 5 years from the date of verification of the outcome of the surveying activity.
(4) The verification of a copy of the geometric plan shall be indicated by the following text: "It shall be verified that the copy conforms to the geometric plan." The text shall be accompanied by the signature of the authorised surveyor, the date of verification of the copy, the number of the records of the certified copies and copies and the stamp of the authorization.
(5) Where the result of the surveying activity is made in electronic form, the authorised surveying engineer may make a copy of it in paper form. The same copy shall be marked by the authorised surveyor by the word "Université 'and accompanied by the signature by hand, the date of the copy, the number of the records of the certified copies and copies and the stamp of the authorization.
(6) Details of the use of the authorisation stamp and the qualified certificate referred to in paragraph 3 are laid down in the Chamber's internal rules. '.
25. in Article 16 (1) (b), the words "for the management of a digital technical map" shall be inserted after the words "used."
26. The following Sections 16a to 16d are inserted after Section 16, including the headings and footnotes 19 to 22:
Verification of the results of surveying activities by the authorities of the surveyor and the cadastral
(1) The results of the surveying activities carried out by the authorities of the surveyors and the cadastre as part of the exercise of their competence must be verified by their formalities and accuracy in accordance with the legislation.
(2) The verification of the results of the surveying activities carried out by the authorities of the surveyor and the cadastral as part of the exercise of their duties shall be carried out by staff of those authorities who have demonstrated their competence and have been entrusted with this activity.
(3) A staff member of the body shall be competent to verify the results of the surveying activities carried out by the authorities of the surveyor and the register as part of the exercise of their duties, provided that:
(a) has completed a higher education course in the geographical direction of the Master's study programme22) and has then completed at least 5 years of professional experience in the Czech Republic in surveying activities; and
(b) successfully passed the official examination in the field of surveying and cadastre of real estate according to the Act on State Service (19).
(4) A staff member of the OCT and the cadastral body shall be competent to verify the results of the surveying activities carried out by the authorities of the OCT and the cadastral as part of the exercise of their duties, also where he is an authorised surveyor.
(5) The geographical authority and the register shall keep a record of the results of the geographical activities which have been verified as part of the exercise of its competence. Registration shall include:
(a) the name and, where appropriate, the names of the staff member who carried out the surveying activities;
(b) the name and, where applicable, the names of the staff member who verified the outcome of the agricultural activity;
(c) the name of the cadastral territory where the surveying activities were carried out;
(d) the serial number of the verification within the calendar year; and
(e) the date of verification.
(6) The verification of the outcome of the surveying activity by the authority of the surveyor and the cadastral as part of the exercise of its competence shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation. '. The text shall be accompanied by the handwritten signature of the staff member, the date of verification of the results of the surveying activities, the number of the records of the results of the surveying activities and the stamp of the official.
(7) The verification of the outcome of the surveying activity in electronic form, drawn up by the authority of the surveyor and the register as part of the exercise of its competence, shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation 'and the number from the records of the verified results of the surveying activities. The results of the surveying activity in electronic form and the text and the number referred to in the sentence of the first staff member shall be signed by qualified electronic signature and stamped by qualified electronic time stamp. A qualified certificate on which a qualified electronic time stamp is based shall be valid for at least 5 years from the date of verification of the outcome of the surveying activity.
Verification of results of surveying activities by the Ministry of Defence
(1) The results of the surveying activities carried out by the military installation shall be verified by their formalities and accuracy in accordance with the legislation and other conditions for carrying out the surveying activities defined in accordance with Article 11 (2).
(2) Verification of the results of the surveying activities carried out by military facilities is carried out by soldiers in active service20) and by staff in the Ministry of Defence who have demonstrated and have been entrusted with this activity.
(3) An active-duty soldier or an employee included in the Ministry of Defence is competent to verify the results of the surveying activities carried out by military equipment, provided that:
(a) has completed his higher education in the geographical direction of the Master's study programme22) and has then completed at least 5 years of professional experience in the Czech Republic in surveying activities for State defence; and
b) successfully passed the proficiency test according to § 16c.
(4) The Ministry of Defence shall keep a record of the results of the surveying activities it has verified. Registration shall include:
(a) the name and, where applicable, the names of the natural person who has carried out the surveying activity;
(b) the name and, where applicable, the names of the soldier in active duty or the employee who verified the result of the surveying activity;
(c) the name of the cadastral territory or the designation of the map sheet of the basic state map work, measuring 1: 25 000 of the covering territory where the surveying activities were carried out;
(d) the serial number of the verification within the calendar year; and
(e) the date of verification.
(5) The verification of the outcome of the surveying activity carried out by the military installation shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation '. The text shall be accompanied by the signature of the soldier in active service or of the staff assigned to the Ministry of Defence, the date of verification of the outcome of the surveying activities, the number of the records of the verified results of the surveying activities and the stamp of the official.
(6) The verification of the outcome of the surveying activity carried out by the military equipment in electronic form shall be indicated by the following text: "The formalities and accuracy shall correspond to the legislation 'and the number from the records of the verified results of the surveying activities. The results of the surveying activity in electronic form and the text and number according to the sentence of the first soldier in active duty or the staff member included in the Ministry of Defence shall be signed by qualified electronic signature and stamped by qualified electronic time stamp. A qualified certificate on which a qualified electronic time stamp is based shall be valid for at least 5 years from the date of verification of the outcome of the surveying activity.
Professional competence test
(1) Only a natural person who has applied for it and fulfils the conditions laid down in Article 16b (3) (a) may carry out a proficiency test to verify the results of the agricultural activities carried out by military equipment (hereinafter referred to as "proficiency test").
(2) A written request for a proficiency test shall be made to the Ministry of Defence.
(3) The natural person shall add to his application for a proficiency test:
(a) proof of the proper completion of higher education in the field of surveying at least the master's programme;
(b) a certificate of professional experience carried out in the activities for which it has applied for an official authorisation to be verified, to an overall extent of at least five years;
(c) an overview of the results of the agricultural activities in which the natural person has participated, indicating their name, calendar year and month of processing, the serial number of the verification under which the beneficiary has verified the outcome of the agricultural activity and the address of the location where the documentation on the outcome of the agricultural activity is stored; and
(d) the self-processed result of the geometrical activity in the field of surveying activities for which it applies for a certificate of competence.
(4) The proficiency test shall take place before the expert examination committee no later than 3 months after the date of receipt of the written application for a certificate of proficiency of the Ministry of Defence. The proficiency test is composed in the Czech language.
(5) The members of the expert examination committee for the award of a certificate of competence are appointed and withdrawn by the Minister of Defence. The expert examination committee shall have an odd number of members and shall be at least three members.
(6) The proficiency test shall demonstrate theoretical and practical knowledge of the geographical activities for the purposes of State defence, knowledge of the relevant legislation and the ability to apply them and the competence to verify the results of the surveying activities in practice.
(7) The examination committee shall issue a certificate of successful completion of the proficiency test in two copies. One copy of the certificate shall be delivered to the natural person who has successfully passed the proficiency test, the other being established with the Ministry of Defence.
(8) A natural person who has not successfully passed a proficiency test is entitled to repeat it once within 6 months of the failure to pass the test. If he or she fails to pass the proficiency test by that date, he or she may not submit a new application for it until two years after the failure of the test.
(9) The provisions of paragraphs 1, 4, 5 and 8 shall apply mutatis mutandis to the performance of a differential examination under the Law on the Recognition of Professional Qualification21). Paragraph 6 shall apply mutatis mutandis to the performance of the differential test. The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the application for a differential test. Paragraph 7 shall apply mutatis mutandis to the issue of a certificate of successful completion of the differential test.
Supervision
The activities of authorised surveyors in the verification of the results of the surveying activities used for national map works and the management of the cadastral property shall be subject to state supervision by the surveyors and surveyors (hereinafter referred to as the "Inspectorate ').
19) § 35 et seq. of Act No. 234 / 2014 Coll., on Civil Service, as amended.
20) § 3 (3) of Act No. 219 / 1999 Coll., on the armed forces of the Czech Republic, as amended.
21) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Act on the Recognition of Professional Qualifications), as amended.
22) § 46 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended. '
27. After the fourth section, the following sections are inserted:
Authorization
Authorised surveyor
(1) Authorised surveyor is the one who has been authorised by the Czech Chamber of Surveyors (hereinafter referred to as the Chamber) and is registered in the register of authorized surveyors maintained by the Chamber.
(2) A natural person authorised under this Act is entitled to use the term "authorised surveyor."
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Regulation Information
| Citation | Act No. 88 / 2023 Coll., amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended, and Act No. 47 / 2020 Coll., amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 163
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